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Sexual harassment
[ch 7: page 244]Sexual harassment is specifically outlawed by section 26(2), EA 10. This says that a person carries out harassment if he or she engages in unwanted conduct of a sexual nature and the conduct has the purpose or effect of:
• violating the dignity of the other person; or
• creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
Conduct of a sexual nature includes, for example, inappropriate touching, sexualised comments and jokes, or downloading or displaying sexual or pornographic images, such as screensavers. Under section 26(3)(c), EA 10, unlawful harassment also occurs where someone engages in harassment of another person (for example, unwanted sexual advances) and then because of their response to that conduct (whether rejection or submission), that person is treated less favourably than they would have been treated had they not rejected or submitted to the conduct. For example:
A female worker is asked out by her team leader and she refuses. The team leader feels resentful and informs the Head of Division about the rejection. The Head of Division subsequently fails to give the female worker the promotion she applies for, even though she is the best candidate. She knows that the team leader and the Head of Division are good friends and believes that her refusal to go out with the team leader influenced the Head of Division’s decision. She could have a claim of harassment over the Head of Division’s actions.
EHRC Code of Practice on Employment
https://www.equalityhumanrights.com/sites/default/files/employercode.pdf